EXECUTORS, (continued.) assumpsit by, on a promissory note executor of payee vs. maker, I. 342. the like on a promise to executors, I. 354. for rent, executrix vs. lessee, II. 7. for use and occupation in testator's lifetime, II. 78. for not paying executor for testator's share in a patent, II. 109. for the withdrawing a record in a cause by plaintiff's testator, &c. II. 442. for not indemnifying plaintiff's testator from the consequences of his eviction by mortgagee, II. 470. to recover gains stipulated by a charter party, IL. 517. against, for a legacy, I. 144, 5, 6, 8. for cattle sold and delivered, on a promissory note, payee vs. executor of maker, I. 342. the like on a note drawn in the East Indies, I. 366. against executor of an attorney who had suffered irregular bail to be put in, &c. II. 295. for business done as an attorney, II. 307. III. 74. for a reward promised in an advertisement, III. 30. for work and labour as an apothecary, III. 81. covenant by, executor of lessor for rent, III. 461. V. 1. debt by, not repairing, III. 461, 88. V. 2. against the warden of the Fleet for an escape, V. 234. for double rent for not quitting, &c. V. 15s. EXECUTORS, (continued.) debt by, for arrears of a annuity, V. 327. on bond generally, V. 369, &c. against for non payment of a annuity, V. 42. quare impedit, by, X. 92. 95. pleas by and against, in assumpsit, ne unques executor, III. 216. plene administravit, generally, III. 210. the like defendant sued by a wrong name, III. 210. plene administravit præter, III. 211, 14. a retainer. II. 219. set-off, III. 212. judgment recovered and plene administravit, III. 225. bonds outstanding and plene admin. præter, III. judgment recovered against defendant, III. 241, statute of limitations, III, 224. outstanding debts on covenants for annuities, III. 225. defendant joint executor with plaintiffs, III. 220. in debt, judgments recovered, V. 387. solvit ad and post diem, V. 449. judgment obtained on the same bond, VII. 417, other pleas, VII. 418, 19. replications by and against, in assumpsit, to ne uuques executor; that plaintiff is executor and denial of fraud in the obtainment of let ters, III. 218. 211. EXECUTORS, (continued.) replications by and against, to plene administravit general denial of the plea, III. 220. that assets came to hand after the last continuance of the plea, III. 224. to plea that defendant is joint executor with plain tiff; defendant never proved the will, III. 220. prayer of judgment of assets in futuro, III. 222. that defendant had assets at the time of the suing out the lattitat, III. 239. 214. that bond has been paid off and is kept on foot by fraud, III. 244. taking on conditional judgment of assets in futuro, III. 232. in debt, shewing how much was due on the judgments pleaded, and charging assets ultra and judgments kept on foot per fraudem, V. 388. to judgment recovered; nul tiel record of the judgment, VII. 419. rejoinders by and against, that defendants had no goods at the time of exhibiting the bill, III, 215. 240. to replication charging fraud; traverse, V. 389. similar forms, V. 391, 2. judgments against by nil dicit, de bonis testatoris fieri facias de bonis testatoris thereon, V. 415. EXERCISING TRADES, (see title "Trade.") EXEMPLIFICATION. of a record of recovery, X. 252. EXIGENT. writ of, X. 270. EX OFFICIO, (see " Attorney General.") EXTORTION. case against excise officers for, VIII. 466. EXTRA VIAM, (see title" New Assignments.") F. FACTOR, (see bailiff" Agent") assumpsit against administrator of deceased factor. II. 338. for not accounting for goods delivered to sell, &c. II. 340. for not paying the duties at the custom house where by the goods were forfeited, II. S41. for not rendering an account, II. 344. FALSE DICE, (see title" Gaming.") FALSE IMPRISONMENT, (see tille " Malicious Pros ecution.") declarations for, VIII. 315, &c. FALSE PRETENCES, (see title" Fraud.") case for not delivering gum purchased but keeping back the same under various pretences, VIII. 870. Indictment for, in obtaining a note of band, IV. 78. FALSE RETURNS, (see title " Sheriff.") case for, to a fi. fa. that part had been levied and paid over, VIII. 447. for a false return of nulla bona to a fi. fa. VIII. 448, 55. for suffering a rescue, VIII. 450. for a false return of non est inventus to a ca. sa VIII. 456. FALSE RETURNS, (continued.) FEES. case for falsely returning a rescue, VIII. 459. assumpsit for, by porter to a packer, I. 192. as clerk to the crown, I. 193. as proctor in the court of delegates, I. 193. by an attorney for, I. 203, III. 61, 74. by administratrix of serjeant at mace, I. 204. for a physician's fees, III, 60. FEE SIMPLE, (see "copyhold.") seizin in fee in possession pleaded, III. 469, 88. in reversion, III. 502. in severalty, III. 513. FEIGNED ISSUES. assumpsit on, declarations in, to try a right of common, I. 120. to try the right of common on the corporation to try whether a certain right of common was to try whether defendant had ever become bail to try whether any consideration had been paid to try an issue out of chancery devisavit velum, damnificatus vel non præter in the Exchequer, on a commission of bankrupt, whether defen- |